Township of Woolwich, NJ
Gloucester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Woolwich 4-15-1996 by Ord. No. 96-4. Amendments noted where applicable.]
GENERAL REFERENCES
Officers and employees — See Ch. 29.
Consistent with the provision of N.J.S.A. 59:10-4 and the Tort Claims Act,[1] the Township of Woolwich shall indemnify and hold its employees and/or elected officials harmless against any judgment for exemplary or punitive damages incurred by them in the defense of an action resulting from the employee's and/or elected official's civil violation of state or federal law, including fees and costs and attorneys' fees, up, through and including any appeals, subject only to the conditions set forth below:
A. 
The employees and/or elected officials of the Township of Woolwich must notify the Township of Woolwich as soon as possible as to any action threatened against the employee/elected official.
B. 
The Township of Woolwich reserves the option to defend an employee/elected official of the Township of Woolwich or provide the employee/elected official with the means for a defense or indemnify the employee/elected official for his/her defense.
C. 
The indemnification shall apply to any action, statements, conduct or any action in which the employee/elected official is involved giving rise to the lawsuit, claim and demand, even if it is later decided by a judge or jury to have been unlawful or improper as to the plaintiff; provided, however, that this indemnification shall not apply and shall be totally void and have no effect with respect to any action, statements, conduct or inaction of an employee/elected official, giving rise to any such lawsuit, claim and demand:
(1) 
That was not within the scope of the employee's employment or elected official's capacity;
(2) 
If the act or omission was due to actual fraud, willful misconduct or actual malice; or
(3) 
That constituted a crime.
D. 
In the event that it is ultimately determined that the employee/elected official of the Township of Woolwich cannot be indemnified as per Subsection C above, then the employee/elected official agrees to reimburse the Township of Woolwich for monetary amounts, fees and costs, including attorneys' fees, which have been advanced or provided by the Township of Woolwich to the employee/elected official or on the public employee's/elected official's behalf.
[1]
Editor's Note: See N.J.S.A. 59:1-1 et seq.